Although the testimony of defendant Daniel Abinakad, the driver of one of the vehicles in this three car collision, and that of his passenger, nonparty Timothy Braig, both deposed almost seven years after the accident, differ as to whether Abinakad's vehicle was first struck from the left or the right, as a vehicle suddenly merged into Abinakad's center lane, causing Abinakad to be propelled into the vehicle in which plaintiff was a passenger, under neither version is there...
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